Introduction
The Rajya Sabha, or the Council of States, is the upper house of the Indian Parliament and plays a significant role in the Indian parliamentary system. While the Lok Sabha (House of the People) is directly elected by the citizens, the Rajya Sabha is a permanent house with members elected by state legislative assemblies and nominated by the President.
As the representative of states, the Rajya Sabha plays a crucial role in India’s federal structure by ensuring that the interests of the states are protected in the legislative process. However, its powers are not equal to the Lok Sabha in many aspects, leading to debates about its effectiveness and limitations.
This article analyzes the powers and limitations of the Rajya Sabha and examines how it contributes to the federal structure of India.
Composition and Structure of the Rajya Sabha
The Rajya Sabha is constituted under Article 80 of the Indian Constitution, which provides details about its composition and membership.
Membership and Representation
- The maximum strength of the Rajya Sabha is 250 members.
- Out of these, 238 members are elected from States and Union Territories, while 12 members are nominated by the President for their expertise in fields like literature, science, art, and social service.
Election Process
- Rajya Sabha members are elected indirectly by the elected members of the State Legislative Assemblies through a system of proportional representation by means of a single transferable vote.
- The election ensures fair representation of states based on their population size.
Tenure and Permanence
- Unlike the Lok Sabha, the Rajya Sabha is a permanent body and cannot be dissolved. However, one-third of its members retire every two years, ensuring continuity in governance.
- The term of each Rajya Sabha member is six years.
Powers of the Rajya Sabha
The Rajya Sabha, as the upper house of Parliament, enjoys significant powers in legislative, financial, and administrative matters.
1. Legislative Powers
- The Rajya Sabha participates in the law-making process by discussing and passing bills.
- Bills can be introduced in either house, and the Rajya Sabha plays a crucial role in debating and reviewing legislation.
- However, in case of a disagreement between the two houses, the Lok Sabha has greater power due to its majority rule in the joint sitting of Parliament (Article 108).
2. Exclusive Powers on State Matters
The Rajya Sabha has unique powers under Article 249 and Article 312, which strengthen its role in federal governance:
- Article 249: If the Rajya Sabha passes a resolution by a two-thirds majority, Parliament can make laws on subjects in the State List, which are normally under the state government’s jurisdiction.
- Article 312: The Rajya Sabha can create All India Services like the IAS, IPS, and IFS, which operate at both the Union and State levels, ensuring administrative unity.
3. Financial Powers (Limited Role)
- The Rajya Sabha cannot introduce Money Bills (Article 110), which deal with taxation, expenditure, and government revenue.
- A Money Bill passed by the Lok Sabha must be sent to the Rajya Sabha, but the upper house can only suggest changes, which the Lok Sabha may accept or reject.
- The Rajya Sabha must return a Money Bill within 14 days, or it is deemed to have been passed.
- Thus, in financial matters, the Rajya Sabha has limited power compared to the Lok Sabha.
4. Role in Constitutional Amendments
- The Rajya Sabha has equal power with the Lok Sabha in amending the Constitution under Article 368.
- Any Constitutional Amendment Bill must be approved by both houses with a two-thirds majority.
5. Control Over Executive and Administration
- The Rajya Sabha exercises control over the government through discussions, debates, and motions such as:
- Question Hour
- Calling Attention Motions
- Censure Motions
- Discussion on Public Issues
- However, the Council of Ministers is responsible only to the Lok Sabha, meaning the Rajya Sabha cannot remove the government through a no-confidence motion.
6. Role in Emergency Provisions
- During National Emergency (Article 352), President’s Rule (Article 356), and Financial Emergency (Article 360), the Rajya Sabha’s approval is required.
- If the Lok Sabha is dissolved, the Rajya Sabha becomes the sole functioning parliamentary body, ensuring governance continues.
Limitations of the Rajya Sabha
Despite its significant role in law-making and federal governance, the Rajya Sabha has certain limitations, which make it less powerful than the Lok Sabha.
1. No Control Over the Executive
- The Council of Ministers is responsible only to the Lok Sabha, not the Rajya Sabha.
- The Rajya Sabha cannot pass a no-confidence motion to remove the government.
2. Limited Role in Financial Matters
- The Rajya Sabha cannot introduce or amend a Money Bill (Article 110).
- The final authority on financial matters rests with the Lok Sabha, making the Rajya Sabha weaker in economic policymaking.
3. Limited Power in Joint Sittings
- In case of a deadlock between both houses, a joint sitting is convened under Article 108, where the Lok Sabha’s numerical strength dominates the final decision.
- This gives the Lok Sabha an upper hand in law-making.
4. Indirect Election Weakens Its Democratic Legitimacy
- Unlike the Lok Sabha, which is directly elected by the people, Rajya Sabha members are indirectly elected.
- This reduces the Rajya Sabha’s ability to claim direct public representation.
Contribution of the Rajya Sabha to Federalism
The Rajya Sabha plays a crucial role in maintaining India’s federal structure by ensuring that states have a say in national policymaking.
1. Representation of States in Parliament
- Since Rajya Sabha members are elected by state legislatures, it acts as the voice of states in national decision-making.
- This ensures that the interests of smaller states are not overshadowed by larger states.
2. Protection of State Interests
- The Rajya Sabha has the power to allow Parliament to legislate on State List subjects (Article 249) if necessary.
- This ensures that the Union Government does not unilaterally interfere in state matters.
3. Check on Majoritarian Rule
- Since the Lok Sabha is dominated by the ruling party, the Rajya Sabha acts as a reviewing chamber to ensure that laws are passed with proper deliberation.
- This prevents hasty legislation and protects state rights.
4. Ensuring Administrative Efficiency
- By recommending the creation of All India Services (Article 312), the Rajya Sabha helps in maintaining uniformity in governance across states.
5. Stability During Political Uncertainty
- As a permanent body, the Rajya Sabha ensures that governance continues even if the Lok Sabha is dissolved.
- This provides stability in India’s parliamentary democracy.
Conclusion
The Rajya Sabha plays an essential role in the Indian parliamentary system and federal structure. While it may have limitations compared to the Lok Sabha, it ensures representation of states, protects their interests, and provides a platform for deeper deliberation on national laws.
By acting as a reviewing chamber, the Rajya Sabha prevents majoritarian excesses and ensures that legislation is passed with careful scrutiny. Although its financial and executive powers are limited, its role in constitutional amendments, emergency provisions, and safeguarding federalism remains crucial.
To strengthen its role, there have been suggestions for reforms, such as providing more authority in financial matters, increasing transparency in elections, and enhancing state representation. If implemented, these reforms could further enhance the Rajya Sabha’s role as the true guardian of federalism in India.
